OFFICIAL MEETING MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA NOVEMBER 1, 2018

Transcription

1 OFFICIAL MEETING MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA NOVEMBER 1, 2018 THURSDAY COMMISSION CHAMBERS 1:30 P.M. GOVERNMENTAL CENTER I. CALL TO ORDER II. ROLL CALL MEMBERS: STAFF: Sarah L. Shullman, Chair Bryan Kummerlen, Vice Chair - Absent Peter L. Cruise Michael S. Kridel Rdney G. Rman Mark E. Bannn, Cmmissin n Ethics (COE) Executive Directr Anthny Bennett, COE Chief Investigatr Abigail Irizarry, COE Investigatr I Christie E. Kelley, Esq., COE General Cunsel Gina A. Levesque, COE Intake and Cmpliance Manager ADMINISTRATIVE STAFF: Julie Burns, Deputy Clerk, Clerk & Cmptrller's Office 111. INTRODUCTORY REMARKS - Nne IV. APPROVAL OF MINUTES FROM OCTOBER 4, 2018 MOTION t apprve the Octber 4, 2018 minutes. Mtin by Peter Cruise, secnded by Michael Kridel, and carried 4-0. Bryan Kummerlen absent. COMMISSION ON ETHICS 1 NOVEMBER 1, 2018

2 v. SUNSHINE LAW PRESENTATION Christie E. Kelley, COE General Cunsel, said that: The Sunshine Law, fund in Flrida Statutes (F.S.), Chapter 8.286, prtected the public frm clsed-dr decisin-making and prvided access rights t all gvernment-related meetings. The Sunshine Law cntained 3 requirements: All meetings must be pened t the public. Reasnable meeting ntices must be given. Meeting minutes must be kept. A meeting was defined as a gathering f 2 r mre bard members where a matter was discussed, which wuld freseeably cme befre the bard fr actin. The public had a right t attend and make cmments at all pen meetings, but reasnable time limits shuld be designated. Bard members culd gather scially as lng as they did nt discuss a matter cming befre the bard. Bard members culd speak t staff abut matters cming befre the bard, but they culd nt ask them what ther bard members said r discussed r ask them t cnvey t ther bard members hw they felt abut a matter cming befre the bard. Prbable cause hearings did nt need t be pen t the public unless a respndent waived that right. At the beginning f each year, all COE meeting dates and lcatins were published n the Web site, and n the Bard f Cunty Cmmissiners' (BCC) calendar. The agenda was generally psted 7 days befre a scheduled meeting. COMMISSION ON ETHICS 2 NOVEMBER 1, 2018

3 V. - CONTINUED Meeting minutes were transcribed by a minutes clerk and available fr public inspectin after bard apprval. Retained audi recrdings als culd be utilized. All vtes shuld be taken publicly, all bard members must vte unless they had a cnflict f interest, and the minutes must reflect the vtes. Any fficial wh vilated the Sunshine Law was guilty f a secnd-degree misdemeanr punishable by up t 60 days in jail and a $500 fine, alng with pssible remval frm the psitin. Any actin taken at an illegal meeting wuld be invalid. F.S. Chapter 119 created a right f access t recrds made r received regarding the fficial business f a public bdy. Public recrds were defined as all dcuments, papers, letters, tapes, phtgraphs, films, sund recrdings, r ther materials, regardless f physical frm r means f transmissin, made r received in cnnectin with the transactin f fficial business by the agency. Cmmissiner Rman inquired whether the definitin f a meeting was met if 2 city cmmissiners, wh were running as ppnents, attended a public debate that included issues that wuld later cme befre them fr a vte. Richard Radcliffe, Executive Directr f the Palm Beach Cunty League f Cities (League), respnded that: The scenari described by Cmmissiner Rman was discussed during a training sessin. The attrney wh taught the training sessin said that the Sunshine Law wuld be vilated if candidates attended candidate frums and discussed matters that later wuld be determined by them at a cuncil meeting. COMMISSION ON ETHICS 3 NOVEMBER 1, 2018

4 V. - CONTINUED Anther factr precluding a candidate frum r public debate frm being cnsidered a meeting was that minutes were nt usually taken at thse events. Similar scenaris had never been litigated, nr had advisry pinins been issued by the curts. Cmmissiner Kridel requested that Ms. Kelley prvide a cpy f her PwerPint presentatin t the BCC. VI. EXECUTIVE DIRECTOR COMMENTS VI.A. DISCUSSED: Excellence in Supervisin, Regin 7 All-Hazard Incident Management Team, Ethics Gvernance Day, and the Passing f Judge Edwards Rgers. Mark E. Bannn, COE Executive Directr, said that: Anthny Bennett, COE Chief Investigatr, cmpleted the Excellence in Supervisin class. Gina Levesque, COE Intake and Cmpliance Manager, spent 11 days in the Flrida Panhandle with the Regin 7 All-Hazard Incident Management Team helping thse affected by Hurricane Michael. Chair Shullman, Ms. Kelley, and thers participated in last week's first Annual Ethics Gvernance Day at Frest Hill High Schl. Judge Rgers passed away last week. (This space intentinally left blank.) COMMISSION ON ETHICS 4 NOVEMBER 1, 2018

5 VII. COMMISSION COMMENTS VII.A. DISCUSSED: Bethesda-by-the-Sea Ethics Wrkshps. Cmmissiner Cruise said that the Bethesda-by-the-Sea Church in the Twn f Palm Beach wuld hld ethics wrkshps every Wednesday beginning in the fall. Vll.B. DISCUSSED: Ethics Gvernance Day. Chair Shullman said that: Gvernment ethics was bradly discussed during the Ethics Gvernance Day. Panel members included a Palm Beach Cunty Schl Bard member, a public defender, a State prsecutr, a judge, Cunty Mayr Melissa McKinlay, and the Criminal Justice Assciatin president. Vll.C. DISCUSSED: Judge Rgers and Ethics in the Legal Prfessin. Cmmissiner Rman stated that he had practiced law befre Judge Rgers, wh was a leader in human and civil rights. He added that trial lawyers wh prfessinally and ethically practiced law achieved better verdict results fr their clients. VIII. PUBLIC COMMENTS VIII.A. DISCUSSED: Judge Rgers and Cmmendatin. Mr. Radcliffe said that Judge Rgers, wh was the first COE chair, wuld be missed. He added that Mr. Bannn received excellent reviews after cnducting the League's ethics training sessins fr municipal fficials. COMMISSION ON ETHICS 5 NOVEMBER 1, 2018

6 IX. ADJOURNMENT At 1 :57 p.m., the chair declared the meeting adjurned. " ~..- : COMMISSION ON ETHICS 6 NOVEMBER 1, 2018